Lecture to discuss implicit attitudes in tort law

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This year's Monsanto Lecture at Valparaiso University School of Law will focus on a 7th Circuit case on transporting toxic liquid and implicit attitudes with regards to tort law.

Professors Jon Hanson, Harvard Law School, and Douglas Kysar, Yale Law School, will use Indiana Harbor Belt R.R. Co. v. American Cyanamid Co., 916 F.2d 1174 (7th Cir. 1990), in their March 19 lecture "Abnormally Dangerous: Inequality Dissonance and the Making of Tort Law." In Indiana Harbor, authored by Judge Richard Posner, the 7th Circuit Court of Appeals ruled a shipper of a hazardous chemical is held to a negligence standard for the consequences of a spill during a shipment, and that strict liability is only imposed when the high degree of risk associated with the activity can't be eliminated through due care.

The professors will examine what might explain why courts sometimes prefer a negligence standard when their logic could easily have led them to a strict liability alternative by using behavioral science.

There is growing evidence that the reasons people give for their behavior and decisions are rarely causal and are often confabulatory. The field of social cognition, for instance, has demonstrated through countless experiments that "implicit attitudes" and "implicit motives," which lie outside the purview of introspection, play a far more significant role in shaping our attitudes, ideologies, and behavior than most people realize or care to acknowledge.

The professors will discuss whether an understanding of those implicit processes might help explain why the Circuit Court held that the activity of transporting highly toxic and flammable chemicals through residential areas wasn't abnormally dangerous and thus not subject to strict liability.

The lecture begins at 4 p.m. CDT in Wesemann Hall, 656 S. Greenwich St. It is free and open to the public and one unit of CLE credit will be offered. A form will be available for self-reporting.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...